Germany

Are dashcam recordings admissible as evidence?

2021
Key ruling year
Civil cases only
Admissibility scope
Case-by-case
Balancing test
GDPR-compliant
Privacy condition
The Short Answer

Yes, dashcam footage can be admitted as evidence in German civil traffic cases—even if its continuous recording violates data protection law—if the need to determine fault outweighs privacy interests.

What the Law Says

German law does not explicitly regulate dashcams, but their use intersects with data protection and civil evidence rules. While no statute directly addresses admissibility, courts assess recordings under general principles of evidence law and privacy rights.

Continuous, unconsented dashcam recording in public spaces generally violates the General Data Protection Regulation (GDPR) and Germany’s Federal Data Protection Act (BDSG), because it processes personal data without a legal basis or consent.

However, German civil procedure law (Zivilprozessordnung — ZPO) allows any relevant evidence unless excluded by law. Courts weigh the evidentiary value against fundamental rights — especially the right to privacy (Art. 2(1) and Art. 1(1) GG) and data protection (Art. 8 GDPR).

There is no statutory prohibition on using dashcam footage in court — meaning admissibility hinges on proportionality, not legality of the recording method alone.

What Courts Have Said

The Bundesgerichtshof has clarified that dashcam evidence is not automatically inadmissible — even when its collection breaches data protection law — provided the interest in truth-finding justifies its use.

BGH VI ZR 252/19
Bundesgerichtshof, 6. Zivilsenat · 2021

Admissibility of dashcam recordings as evidence in traffic accident litigation. While permanent dashcam recording violates data protection law, the recordings may still be admissible as evidence in civil proceedings if the interest in establishing fault outweighs privacy concerns.

What to Do

1

Disable continuous recording; activate only during or immediately after an incident.

2

Blur faces and license plates of third parties before submitting footage to court.

3

Document the time, location, and context of the recording to support its relevance and necessity.

4

Consult a lawyer before relying on dashcam footage in litigation — especially if privacy objections are raised.

Sources

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Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: June 2026.